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Patna High Court

Munna Kumar @ Munna Khauf @ KhaufversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail, holding that the seriousness of the offences and the petitioner’s criminal antecedents preclude grant of bail.

Summary

Munna Kumar applied for regular bail in a case registered under Sections 341, 307, 386, 302/34 of the Indian Penal Code and Section 27 of the Arms Act, alleging that he was falsely implicated in a shooting incident near a brick kiln. He has been in custody since 25 February 2025 and claims innocence, while the State highlighted his involvement in six other cases and his criminal antecedents. The court examined the seriousness of the offences, the alleged involvement in the shooting, and the petitioner’s prior criminal record. Considering the gravity of the charges and the antecedents, the court was not inclined to grant bail. Consequently, the bail application was dismissed.

Issues considered

  • Whether regular bail should be granted to the petitioner given the nature of the offences alleged.
  • Whether the petitioner’s criminal antecedents and pending cases justify denial of bail.

Legislation cited

Subjects

  • bail
  • regular bail
  • Indian Penal Code
  • Arms Act
  • criminal antecedents
  • murder
  • attempt to murder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30681 of 2026
                      Arising Out of PS. Case No.-43 Year-2018 Thana- MALSALAMI District- Patna
                 ======================================================
                 Munna Kumar @ Munna Khauf @ Khauf S/O Late Dindyal Rai @ Dinanath
                 Ray R/O Village- Chowk, (Kila Road G.G.S College, Patna City, Distt.-
                 Patna.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajeev Kumar
                 For the Opposite Party/s :      Mr.Tapeshwar Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   02-07-2026                  Heard the parties.

                                2. The petitioner seeks regular bail in connection with

                   Malsalami P.S. Case No. 43 of 2018 registered for the offence

                   under Sections 341, 307, 386, 302/34 of the Indian Penal Code

                   and under Section 27 of the Arms Act.

                                3. The petitioner and others are alleged to have

                   surrounded the deceased near a brick kiln and have fired upon

                   him.

                                4. The petitioner is in custody since 25.02.2025.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in this

                   case.

                                6. Learned APP for the State has opposed the
          Patna High Court CR. MISC. No.30681 of 2026(4) dt.02-07-2026
                                                      2/2




                    application of the petitioner by submitting that the petitioner is

                    accused in six more cases.

                                 7. In view of the allegations levelled against the

                    petitioner and also considering his criminal antecedents, this

                    Court is not inclined to grant bail to the petitioner.

                                 8. Accordingly, this application is dismissed.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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